Gaudreau brothers: Attorneys seek ban on SUV data of alleged DUI driver in deaths of ‘Johnny Hockey’ and Matty Gaudreau

By Matt Graynj.com (TNS)Attorneys for the man charged with hitting and killing hockey star Johnny Gaudreau and his brother Matthew as the pair bicycled in New Jersey last year want data from their clients Jeep barred from trial because they argue it was illegally obtained.Prosecutors say Sean M.

Higgins, 44, of Pilesgrove, N.J.

was intoxicated when he struck Johnny Gaudreau, 31, and Matthew R.

Gaudreau, 29, on the evening of Aug.

29, 2024 in Salem County.Higgins was indicted in December on two counts of first-degree aggravated manslaughter, two counts of second-degree reckless vehicular homicide, second-degree leaving the scene of a fatal accident and fourth-degree tampering with physical evidence.Sean M.

Higgins, the driver charged with killing NHL hockey player Johnny Gaudreau and his brother Matthew while they were bicycling, appears at the Salem County, N.J., Courthouse, Tuesday, April 15, 2025, in Salem, N.J.

(AP Photo/Matt Rourke)Higgins attorneys filed motions in June to suppress statements he made to police from trial and to suppress data retrieved from the airbag control module in Higgins vehicle.That device records various details related to a crash, including vehicle speed, acceleration and braking.In a motion brief filed last week on the data issue, defense attorneys argued that investigators failed to obtain a communications data warrant to retrieve the airbag control module data and only had a warrant for accessing physical evidence from Higgins vehicle.Police reports submitted with the defense brief indicate that no data from the fatal crash was recovered from the airbag control module.In their report, police wrote that, as is typical in crashes between motor vehicles and bicycles, the Jeeps change in velocity was not severe enough to trigger data recording.The defense questioned why the State Police investigation report included pages of data that was extracted from the module, but was from a crash that occurred around 75,000 miles earlier in the vehicles history.Police did obtain a chip from the vehicles infotainment system which could include details such as speed, acceleration and braking data related to the fatal crash, according to the report.Data was recovered from the chip, according to documents in the defense filing, but details were not disclosed.While investigators did obtain a communications data warrant for that chip, the defense argued it was obtained retroactively, after they had already illegally accessed data from the airbag control module without the appropriate warrant.As a result, they argue, any data recovered from the vehicles systems should be suppressed under the fruit of the poisonous tree doctrine, a legal principle that prohibits any illegally obtained evidence from being used at trial.Prosecutors have a deadline of July 21 to file a response to that motion.Johnny Gaudreau played 11 seasons in the NHL, while Matty Gaudreau played five years in the ECHL, including the 2019-2020 season with the Reading Royals.Matthew Gaudreau played for the Reading Royals during the 2019-2020 season.

(Special to the Reading Eagle: Brad Drey)They were biking from their familys nearby home to visit a family friend in the area when the crash occurred, according to a police report.

The brothers were supposed to be groomsmen in their sisters wedding, which was scheduled for the day after they were killed.Higgins faces a maximum sentence of 70 years in prison if found guilty, the prosecution said in court documents.

He rejected an offer from the prosecution that would have sent him to prison for 35 years in return for a guilty plea.The defense previously sought dismissal of some of the charges against Higgins, but the judge rejected those efforts at a hearing in April.Among the defense claims were that the grand jury wasnt told the Gaudreaus were biking while intoxicated at the time of the crash.The prosecution argued that, based on witness statements, the brothers did nothing wrong as they rode their bikes on the night of the crash.Witnesses described Higgins driving as erratic and reckless, and said he was partially on the grass when he hit the Gaudreaus.Higgins was driving north on Route 551/Pennsville-Auburn Road in Oldmans Township when he tried to pass vehicles in front of him around 8:15 p.m., according to prosecutors.He tried to illegally pass an SUV on the right side and struck the Gaudreaus as they rode their bikes single-file on the fog line the solid white line marking the edge of the roadway prosecutors said.The shoulder of the roadway is just a few inches wide in the area of the crash.The brothers were unconscious but breathing after they were struck, according to a motorist who called 911.

By the time EMTs arrived, they had died, the prosecution stated in court filings.Higgins vehicle sustained significant damage and came to a stop about 1,500 feet or more than a quarter of a mile from the crash scene after the vehicle stalled, prosecutors said.While the prosecution argued that Higgins tried to leave the scene and could have stopped his vehicle sooner if he wished, his lawyers said he wasnt attempting to flee.Higgins failed a field sobriety test and was arrested at the scene, authorities said.

He admitted drinking five or six beers after finishing work the afternoon of the crash and drinking two beers while driving around for two hours prior to the crash, according to prosecutors.He also admitted trying to hide beer cans after hitting the Gaudreaus, prosecutors said.

Higgins discarded the cans in a nearby farm field, police stated in a report.He told police his drinking contributed to his impatience and reckless driving on the night of the crash, according to court documents.On the defense motion to bar statements Higgins made to police from a possible trial, the prosecution argued in a recent filing that all statements Higgins made, both at the crash scene and in a formal interview with police, were lawfully obtained.Higgins was not in custody when troopers questioned him at the scene and he acknowledged he had been drinking that evening, so it was not necessary for them to advise him of his Miranda rights against self-incrimination and to legal counsel, according to the prosecution brief.Once he failed field sobriety tests and was arrested, Higgins was advised of his Miranda rights and he acknowledged he understood those rights, Salem County Assistant Prosecutor Michael Mestern wrote in the brief.During a formal interview at the state police station in Pilesgrove, troopers asked to review Higgins cellphone, prompting him to ask if he should get an attorney, according to the brief.The troopers stopped the interview and explained that they could not advise him on whether he needed an attorney.

They clarified that they wanted to review the call log on his phone and he agreed to the search, then signed a form granting permission, Mestern wrote.As a precaution, Higgins was read his Miranda rights again before continuing the interview, the prosecutor said, noting that he was read his rights three times in all.The defense has until July 21 to file briefs detailing its motion to bar Higgins statements.The case will return to court Aug.

21 for arguments on the two defense motions.Meanwhile, the Gaudreau family celebrated a happy occasion last week.Katie Gaudreau postponed her wedding when her brothers were killed last August, but the ceremony took place Friday in Philadelphia.Our journalism needs your support.

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Distributed by Tribune Content Agency, LLC.The Reading Eagle contributed to the story above.Katie Gaudreau reveals the sweet ways she honored brothers at emotional weddingBy Ryan BrennanThe Herald, Rock Hill, S.C.

(TNS)Katie Gaudreau made sure to honor her two late brothers at her wedding.The 26-year-old sister of NHL player Johnny Gaudreau and AHL player Matthew Gaudreau married her high school sweetheart Devin Joyce in Philadelphia on Friday, July 11, the couple announced in an Instagram post.The wedding comes nearly one year after the Gaudreau brothers died in a bicycling accident on Aug.

29, the day before Katie Gaudreaus original wedding date which was canceled and rescheduled, ESPN reported at the time.Matthew and Johnny Gaudreau were set to be groomsmen in the wedding.In an interview with People, published July 12, Katie Gaudreau and Joyce opened up about the special, yet emotional day that was filled with grief and love.[We knew] this wedding would be completely different from what we planned last year were missing two of the most important people who should be here with us, Joyce told the outlet.View this post on Instagram shared by Katie Gaudreau (@kgaudreau13).The idea of looking out into the church and later at our wedding photos and seeing two empty spaces didnt sit right, Katie Gaudreau said.While they werent there physically, the newlyweds went the distance to ensure they were there in spirit.The truth is, John and Matty left us with so much love that there was no doubt how to fill those spaces, Katie Gaudreau told People.

Some visible to everyone and some only Devin and I would understand.For example, the brides bouquet featured 21 roses and 13 spray rose blooms in honor of the two hockey players numbers Johnny Gaudreau wore 13, while Matthew Gaudreau wore 21.Not only that, but Katie Gaudreaus veil featured custom messages in her brothers handwriting.Its their words, their hands, a piece of them woven into mine to walk me down the aisle and keep me safe, one on each side, Katie told People of the veil.According to the outlet, Johnny and Matthew Gaudreau were replaced by their two best friends as groomsmen.The brothers numbers were also featured on the socks of Joyce, his groomsmen and the newlyweds fathers who wore custom suits with photos of the two brothers in the jacket lining.Meredith Gaudreau, the wife of Johnny Gaudreau, and Madeline, the wife of Matthew Gaudreau, were both a part of the bridal party.For her part, Meredith Gaudreau walked with her newborn son, Carter, and Madeline Gaudreaus newborn son, Tripp, down the aisle.

Both babies were born after the Aug.

29 tragedy, The Columbus Dispatch reported.Plus, Meredith and Johnny Gaudreaus 2-year-old daughter, Noa, was one of the flower girls, per The Columbus Dispatch.

View this post on Instagram A post shared by Meredith Gaudreau (@meredithgaudreau_)These details may be small, but they carry so much meaning, Katie Gaudreau told People.Each one reminds us that John and Matty are not just remembered they are present in the most heartfelt, joyful and beautiful ways, she added.Katie Gaudreau even made sure she got to share the dance floor with her two brothers.As the band was playing Mr.

Brightside by The Killers, a video of the Gaudreau brothers dancing and laughing played on a big screen behind them.In her interview with People, Katie Gaudreau reflected on what her two brothers would say to her today.They would tell me that they are here with me maybe not in the way I wish they could be, but theyre celebrating alongside all of us.

I know it to be true, she said.Most of all, theyd want me to know that their love didnt end, that it lives on in every celebration, milestone and moment of happiness in my life, she added.

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